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(영문) 부산지방법원 동부지원 2015.06.04 2015고단89
폭행
Text

The prosecution of this case is dismissed.

Reasons

1. Around 14:40 on December 18, 2014, the Defendant: (a) stated that the Defendant, without permission from the victim D(58) who is working as the exhaustor of the said school, at the C Elementary School playground located in Suwon-gu, Busan; (b) stated that the Defendant would not enter the said school playground without permission from the victim; and (c) the victim would be subject to restraint, and that the victim would be able to “I am fribly, I am the victim’s face” on two occasions by drinking and hand, and booming the breath of the dub.

2. The facts charged in the instant case are crimes falling under Article 260(1) of the Criminal Act, and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act. According to the records, the victim’s withdrawal of his/her wish to punish the Defendant on May 13, 2015, which is after the institution of the instant indictment. Thus, the instant indictment is dismissed pursuant to Article 327 subparag. 6 of the Criminal Procedure Act.

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